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Council Regulation (EC) No 1408/71 (repealed)Show full title

Council Regulation (EC) No 1408/71of 14 June 1971on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (8) (9) (10) (11)(Consolidated version — OJ No L 28 of 30.1.1997, p. 1) (repealed)

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  1. Introductory Text

  2. TITLE I GENERAL PROVISIONS

    1. Article 1 (10) (15).Definitions

    2. Article 2.Persons covered

    3. Article 3.Equality of treatment

    4. Article 4 (10).Matters covered

    5. Article 5 (10).Declarations by the Member States on the scope of this Regulation

    6. Article 6.Social security conventions replaced by this Regulation.

    7. Article 7.International provisions not affected by this Regulation

    8. Article 8.Conclusion of conventions between Member States

    9. Article 9.Admission to voluntary or optional continued insurance

    10. Article 9a.Prolongation of the reference period

    11. Article 10.Waiving of residence clauses — Effect of compulsory insurance on reimbursement of contributions

    12. Article 10a (10).Special non-contributory benefits

    13. Article 11.Revalorization of benefits

    14. Article 12 (9) (11).Prevention of overlapping of benefits

  3. TITLE II DETERMINATION OF THE LEGISLATION APPLICABLE

    1. Article 13 (9).General rules

    2. Article 14.Special rules applicable to persons, other than mariners, engaged in paid employment

    3. Article 14a.Special rules applicable to persons, other than mariners, who are selfemployed

    4. Article 14b.Special rules application to mariners

    5. Article 14c (5).Special rules applicable to persons who are simultaneously employed in the territory of one Member State and self-employed in the territory of another Member State

    6. Article 14d (5).Miscellaneous provisions

    7. Article 14e.Special rules applicable to persons insured in a special scheme for civil servants who are simultaneously employed and/or self-employed in the territory of one or more other Member States

    8. Article 14f.Special rules applicable to civil servants simultaneously employed in more than one Member State and insured in one of these States in a special scheme

    9. Article 15.Rules concerning voluntary insurance or optional continued insurance

    10. Article 16.Special rules regarding persons employed by diplomatic missions and consular posts, and auxiliary staff of the European Communities

    11. Article 17 (9).Exceptions to Articles 13 to 16

    12. Article 17a (9).Special rules concerning recipients of pensions due under the legislation of one or more Member State

  4. TITLE III SPECIAL PROVISIONS RELATING TO THE VARIOUS CATEGORIES OF BENEFITS

    1. CHAPTER I SICKNESS AND MATERNITY

      1. Section 1 Common provisions

        1. Article 18.Aggregation of periods of insurance, employment or residence

      2. Section 2 Employed or self-employed persons and members of their families

        1. Article 19.Residence in a Member State other than the competent State — General rules

        2. Article 20.Frontier workers and members of their families — Special rules

        3. Article 21.Stay in or transfer of residence to the competent State

        4. Article 22.Stay outside the competent State — Return to or transfer of residence to another Member State during sickness or maternity — Need to go to another Member State in order to receive appropriate treatment

        5. Article 22a.Special rules for certain categories of persons

        6. Article 22b (15).Employment in a Member State other than the competent State — Stay in the State of employment

        7. Article 22c.. . . . . . . . . ....

        8. Article 23 (a).Calculation of cash benefits

        9. Article 24.Substantial benefits in kind

      3. Section 3 Unemployed persons and members of their families

        1. Article 25.. . . . . . . . . ....

        2. Article 25a (12).Contributions payable by wholly unemployed persons

      4. Section 4 Pension claimants and members of their families

        1. Article 26.Right to benefits in kind in cases of cessation of the right to benefits from the institution which was last competent

      5. Section 5 Pensioners and members of their families

        1. Article 27.Pensions payable under the legislation of several States where there is a right to benefits in the country of residence

        2. Article 28.Pensions payable under the legislation of one or more States, in cases where there is no right to benefits in the country of residence

        3. Article 28a.Pensions payable under the legislation of one or more of the Member States other than the country of residence where there is a right to benefits in the latter country

        4. Article 29.Residence of members of the family in a State other than the one in which the pensioner resides — Transfer of residence to the State where the pensioner resides

        5. Article 30.Substantial benefits in kind

        6. Article 31.Stay of a pensioner and/or members of his family in a Member State other than the State in which they reside

        7. Article 32 (15).. . . . . . . . . ....

        8. Article 33 (7).Contributions payable by pensioners

        9. Article 34.General provisions

      6. Section 5a Persons who study or receive vocational training and members of their families

        1. Article 34a.Special provisions for students and members of their families

        2. Article 34b.Common provisions

      7. Section 6 Miscellaneous provisions

        1. Article 35.Scheme applicable where there are a number of schemes in the country of residence or stay — Previous illness — Maximum period during which benefits are granted

      8. Section 7 Reimbursement between institutions

        1. Article 36 (15).. . . . . . . . . ....

    2. CHAPTER 2 (11) INVALIDITY

      1. Section 1 Employed persons or self-employed persons subject only to legislation under which the amount of invalidity benefits its independent of the duration of the periods of insurance

        1. Article 37 (11).General provisions

        2. Article 38 (11).Consideration of periods of insurance or of residence completed under the legislation to which an employed person or a self-employed person was subject for the acquisition, retention or recovery of the right to benefits

        3. Article 39 (11)(14).Award of benefits

      2. Section 2 Employed persons or self-employed persons subject either only to legislation under which the amount of invalidity benefit depends on the duration of periods of insurance or residence or the legislation of this type and of the type referred to in Section 1

        1. Article 40 (11).General provisions

      3. Section 3 Aggravation of invalidity

        1. Article 41 (11).. . . . . . . . . ....

      4. Section 4 Resumption of provision of benefits after suspension or withdrawal — Conversion of invalidity benefits into old-age benefits — Recalculation of benefits granted under Article 39

        1. Article 42 (11).Determination of the institution responsible for the provision of benefits where provision of invalidity benefits is resumed

        2. Article 43 (11).Conversion of invalidity benefits into old-age benefits — Recalculation of benefits granted under Article 39

      5. Section 5 Persons covered by a special scheme for civil servants

        1. Article 43a.. . . . . . . . . ....

    3. CHAPTER 3 (11) OLD AGE AND DEATH (PENSIONS)

      1. Article 44 (11).General provisions for the award of benefits where an employed or selfemployed person has been subject to the legislation of two or more Member States

      2. Article 45 (11) (14).Consideration of periods of insurance or of residence completed under the legislations to which an employed person or self-employed person was subject, for the acquisition, retention or recovery of the right to benefits

      3. Article 46 (11).Award of benefits

      4. Article 46a (11).General provisions relating to reduction, suspension or withdrawal applicable to benefits in respect of invalidity, old age or survivors under the legislations of the Member States

      5. Article 46b (11).Special provisions applicable in the case of overlapping of benefits of the same kind under the legislation of two or more Member States

      6. Article 46c (11).Special provisions applicable in the case of overlapping of one or more benefits referred to in Article 46a (1) with one or more benefits of a different kind or with other income, where two or more Member States are concerned

      7. Article 47 (11).Additional provisions for the calculation of benefits

      8. Article 48 (11).Periods of insurance or of residence of less than one year

      9. Article 49 (11) (15).Calculation of benefits where the person concerned does not simultaneously satisfy the conditions laid down by all the legislations under which periods of insurance or of residence have been completed or when he has expressly requested a postponement of the award of old-age benefits

      10. Article 50 (11).Award of a supplement where the total of benefits payable under the legislations of the various Member States does not amount to the minimum laid down by the legislation of the State in whose territory the recipient resides

      11. Article 51 (11).Revalorization and recalculation of benefits

      12. Article 51a.Persons covered by a special scheme for civil servants

    4. CHAPTER 4 ACCIDENTS AT WORK AND OCCUPATIONAL DISEASES

      1. Section 1 Right to benefits

        1. Article 52.Residence in a Member State other than the competent State — General rules

        2. Article 53.Frontier workers — Special rule

        3. Article 54.Stay in or transfer of residence to the competent State

        4. Article 55.Stay outside the competent State — Return to or transfer of residence to another Member State after sustaining an accident or contracting an occupational disease — Need to go to another Member State in order to receive appropriate treatment

        5. Article 56.Accidents while travelling

        6. Article 57 (7).Benefits for an occupational disease where the person concerned has been exposed to the same risk in several Member States

        7. Article 58.Calculation of cash benefits

        8. Article 59.Costs of transporting a person who has sustained an accident at work or is suffering from an occupational disease

      2. Section 2 Aggravation of an occupational disease for which the benefit has been awarded

        1. Article 60 (7) (11).. . . . . . . . . ....

      3. Section 3 Miscellaneous provisions

        1. Article 61.Rules for taking into account the special features of certain legislations

        2. Article 62.Scheme applicable where there are several schemes in the country of stay or residence — Maximum duration of benefits

      4. Section 4 Reimbursements between institutions

        1. Article 63.. . . . . . . . . ....

      5. Section 5 Students

        1. Article 63a.. . . . . . . . . ....

    5. CHAPTER 5 DEATH GRANTS

      1. Article 64.Aggregation of periods of insurance or residence

      2. Article 65.Right to grants where death occurs in, or where the person entitled resides in, a Member State other than the competent State

      3. Article 66.Provision of benefits in the event of the death of a pensioner who had resided in a Member State other than the one whose institution was responsible for providing benefits in kind

      4. Article 66a.Students

    6. CHAPTER 6 UNEMPLOYMENT BENEFITS

      1. Section 1 Common provisions

        1. Article 67.Aggregation of periods of insurance or employment

        2. Article 68.Calculation of benefits

      2. Section 2 Unemployed persons going to a Member State other than the competent State

        1. Article 69.Conditions and limits for the retention of the right to benefits

        2. Article 70.Provision of benefits and reimbursements

      3. Section 3 Unemployed persons who, during their last employment, were residing in a Member State other than the competent State

        1. Article 71.. . . . . . . . . ....

      4. Section 4 Persons covered by a special scheme for civil servants

        1. Article 71a.. . . . . . . . . ....

    7. CHAPTER 7 (8) FAMILY BENEFITS

      1. Article 72 (8).Aggregation of periods of insurance, employment or self-employment

      2. Article 72a (9) (14).Employed persons who have become fully unemployed

      3. Article 73 (8).Employed or self-employed persons the members of whose families reside in a Member State other than the competent State

      4. Article 74 (8).Unemployed persons the members of whose families reside in a Member State other than the competent State

      5. Article 75 (8).Provisions of benefits

      6. Article 76 (8).Rules or priority in cases of overlapping entitlement to family benefits under the legislation of the competent State and under the legislation of the Member State of residence of the members of the family

      7. Article 76a.Students

    8. CHAPTER 8 BENEFITS FOR DEPENDENT CHILDREN OF PENSIONERS AND FOR ORPHANS

      1. Article 77.Dependent children of pensioners

      2. Article 78.Orphans

      3. Article 78a.. . . . . . . . . ....

      4. Article 79 (7).Provisions common to benefits for dependent children of pensioners and for orphans

      5. Article 79a.Provisions relating to benefits for orphans entitled to benefits under a special scheme for civil servants

  5. TITLE IV ADMINISTRATIVE COMMISSION ON SOCIAL SECURITY FOR MIGRANT WORKERS

    1. Article 80.Composition and working methods

    2. Article 81.Tasks of the Administrative Commission

  6. TITLE V ADVISORY COMMITTEE ON SOCIAL SECURITY FOR MIGRANT WORKERS

    1. Article 82 (B).Establishment, composition and working methods

    2. Article 83.Tasks of the Advisory Committee

  7. TITLE VI MISCELLANEOUS PROVISIONS

    1. Article 84 (7).Cooperation between competent authorities

    2. Article 84a.Relations between the institutions and the persons covered by this Regulation.

    3. Article 85.Exemptions from or reductions of taxes — Exemption from authentication

    4. Article 86 (14).Claims, declarations or appeals submitted to an authority, institution or tribunal of a Member State other than the competent State

    5. Article 87.Medical examinations

    6. Article 88.Transfers from one Member State to another of sums of money payable pursuant to this Regulation

    7. Article 89.Special procedures for implementing certain legislations

    8. Article 90 (8).. . . . . . . . . ....

    9. Article 91.Contributions chargeable to employers or undertakings not established in the competent State

    10. Article 92.Collection of contributions

    11. Article 93.Rights of institutions responsible for benefits against liable third parties

  8. TITLE VII TRANSITIONAL AND FINAL PROVISIONS

    1. Article 94 (7) (8) (11) (12).Transitional provisions for employed persons

    2. Article 95 (6) (12).Transitional provisions for self-employed persons

    3. Article 95a (11).Transitional provisions for application of Regulation (EEC) No 1248/92

    4. Article 95b (14).Transitional provisions for application of Regulation (EEC) No 1247/92

    5. Article 95c.Transitional provisions for application of Regulation (EC) No 1606/98

    6. Article 95d.Transitional provisions applicable to students

    7. Article 95e.Transitional provisions for application of Regulation (EC) No 1399/1999

    8. Article 95f.Transitional provisions relating to Annex II, section I, under the headings ‘D. GERMANY’ and ‘R. AUSTRIA’.

    9. Article 95g.. . . . . . . . . ....

    10. Article 96.Agreements relating to reimbursement between institutions

    11. Article 97.Notification pursuant to certain provisions

    12. Article 98.Implementing Regulation

    1. ANNEX I (A) (B) (8) (9) (13) (14) (15)

      PERSONS COVERED BY THE REGULATION

      1. I. Employed persons and/or self-employed persons (Article 1 (a) (ii) and...

      2. II. Members of the family (Second sentence of Article 1 (f)...

    2. ANNEX II (A) (B) (8) (10) (15)

      (Article 1 (j) and (u) of the Regulation)

      1. I. Special schemes for self-employed persons excluded from the scope of...

      2. II. Special childbirth or adoption allowances excluded from the scope of...

      3. III. Special non-contributory benefits within the meaning of Article 4 (2b)...

    3. ANNEX IIa

      SPECIAL NON-CONTRIBUTORY CASH BENEFITS

      1. A. BELGIUM

      2. B. BULGARIA

      3. C. CZECH REPUBLIC

      4. D. DENMARK

      5. E. GERMANY

      6. F. ESTONIA

      7. G. GREECE

      8. H. SPAIN

      9. I. FRANCE

      10. J. IRELAND

      11. K. ITALY

      12. L. CYPRUS

      13. M. LATVIA

      14. N. LITHUANIA

      15. O. LUXEMBOURG

      16. P. HUNGARY

      17. Q. MALTA

      18. R. NETHERLANDS

      19. S. AUSTRIA

      20. T. POLAND

      21. U. PORTUGAL

      22. V. ROMANIA

      23. W. SLOVENIA

      24. X. SLOVAKIA

      25. Y. FINLAND

      26. Z. SWEDEN

      27. AA. UNITED KINGDOM

    4. ANNEX III (A) (B) (6) (7) (12) (14) (15)

      PROVISIONS OF SOCIAL SECURITY CONVENTIONS REMAINING APPLICABLE NOTWITHSTANDING ARTICLE 6 OF THE REGULATION — PROVISIONS OF SOCIAL SECURITY CONVENTIONS WHICH DO NOT APPLY TO ALL PERSONS TO WHOM THE REGULATION APPLIES

      1. . . . . . . . . . ....

      2. A. Provisions of social security conventions remaining applicable notwithstanding Article 6...

      3. B. Provisions of Conventions which do not apply to all persons...

    5. ANNEX IV (B) (11) (13) (15)

      (Articles 37 (2), 38 (3), 45 (3), 46 (1) (b) and 46 b (2) of the Regulation)

      1. A. Legislations referred to in Article 37 (1) of the Regulation...

      2. B. Special schemes for self-employed persons within the meaning of Articles...

      3. C. Cases referred to in Article 46 (1) (b) of the...

      4. D. Benefits and agreements referred to in Article 46b(2) of the...

        1. 1. Benefits referred to in Article 46b(2)(a) of the Regulation, the...

        2. 2. Benefits referred to in Article 46b(2)(b) of the Regulation, theamount...

        3. 3. Agreements referred to in Article 46b(2)(b)(i) of the Regulationintended to...

    6. ANNEX V (15)

      CONCORDANCE BETWEEN THE LEGISLATIONS OF MEMBER STATES ON CONDITIONS RELATING TO THE DEGREE OF INVALIDITY

      1. . . . . . . . . . ....

    7. ANNEX VI (A) (B) (2) (7) (8) (9) (11) (12) (13) (14) (15)

      SPECIAL PROCEDURES FOR APPLYING THE LEGISLATIONS OF CERTAIN MEMBER STATES

      1. A. BELGIUM

      2. B. BULGARIA

      3. C. CZECH REPUBLIC

      4. D. DENMARK

      5. E. GERMANY

      6. F. ESTONIA

      7. G. GREECE

      8. H. SPAIN

      9. I. FRANCE

      10. J. IRELAND

      11. K. ITALY

      12. L. CYPRUS

      13. M. LATVIA

      14. N. LITHUANIA

      15. O. LUXEMBOURG

      16. P. HUNGARY

      17. Q. MALTA

      18. R. NETHERLANDS

      19. S. AUSTRIA

      20. T. POLAND

      21. U. PORTUGAL

      22. V. ROMANIA

      23. W. SLOVENIA

      24. X. SLOVAKIA

      25. Y. FINLAND

      26. Z. SWEDEN

      27. AA. UNITED KINGDOM

    8. ANNEX VII

      INSTANCES IN WHICH A PERSON SHALL BE SIMULTANEOUSLY SUBJECT TO THE LEGISLATION OF TWO MEMBER STATES

      1. . . . . . . . . . ....

    9. ANNEX VIII

      (Article 78a of the Regulation)

      1. A. BELGIUM

      2. B. BULGARIA

      3. C. CZECH REPUBLIC

      4. D. DENMARK

      5. E. GERMANY

      6. F. ESTONIA

      7. G. GREECE

      8. H. SPAIN

      9. I. FRANCE

      10. F. GREECE

      11. J. IRELAND

      12. K. ITALY

      13. L. CYPRUS

      14. M. LATVIA

      15. N. LITHUANIA

      16. O. LUXEMBOURG

      17. P. HUNGARY

      18. Q. MALTA

      19. R. NETHERLANDS

      20. S. AUSTRIA

      21. T. POLAND

      22. U. PORTUGAL

      23. V. ROMANIA

      24. W. SLOVENIA

      25. X. SLOVAKIA

      26. Y. FINLAND

      27. Z. SWEDEN

      28. AA. UNITED KINGDOM

        1. 1. Great Britain and Northern Ireland

        2. 2. Gibraltar

  10. ATTACHMENTS

    1. Appendix LISTS OF ACTS AMENDING REGULATIONS (EEC) No 1408/71 AND (EEC) No 574/72

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